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Patna High CourtCR. MISC./2828/2017disposed

Prem Chandra Kamat v. The State Of Bihar

2017-03-03Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2828 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -RUDRAPUR District- MADHUBANI ====================================================== Prem Chandra Kamat, Son o Dularchand Kamat, Resident of VillageRudrapur, P.S. Rudrapur, District- Madhubani. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Gagan Deo Yadav,Advocate For the Opposite Party : Mr. Madhuranand Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Rudrapur P.S. Case No. 149 of 2016, registered for the offences punishable under Sections 341, 323, 325, 498A, 379, 504/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

The petitioner and informant both are present. The petitioner submits that he is ready to keep the informant with honour and dignity at his service place at Kolkata. The informant is also ready to go with him at Kolkata. Both are ready to go and live together.

Under the circumstances, the petitioner, in case of his

Patna High Court Cr.Misc. No.2828 of 2017 (3) dt.03-03-2017 2/2 arrest or surrender within six weeks from the date of receipt/production of a copy of this order shall be released on provisional anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jhanjharpur, Madhubani, in connection with Rudrapur P.S. Case No. 49 of 2016.

Both the petitioner and informant will appear in the Court below and will file affidavit that he will keep the informant with honour and dignity. The petitioner will also take away the child who is living with the petitioner and after three months again the petitioner and the informant will appear before the learned Court below and then the informant and the petitioner will be examined by the learned Court below as to whether they are living jointly or not, and if, the petitioner and the informant will be found living together as husband and wife, then the bail granted to the petitioner shall be confirmed and in failure, the bail granted to the petitioner shall be deemed to be cancelled.

(Jitendra Mohan Sharma, J.) Rajiv/- U T